HomeMy WebLinkAboutContracts & Agreements_206-2002[at
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• Redlands, a municipal corporation (hereinafter "City") and Taormina Industries, hereinafter
("Service Provider"). In consideration of the mutual promises, covenants and conditions hereinafter
set forth, City and Service Provider hereby agree as follows:
1.1 City hereby engages Service Provider, and Service Provider hereby accepts the engagement,
to perform materials processing services ("Services") for the diversion of the City of
Redlands recyclable materials collected from single family residences.
1.2 The Services shall be performed by Service Provider in a professional manner, and Service
Provider represents that he has the skill and the professional expertise necessary to provide
high quality services for the Project at the level of competency presently maintained by other
practicing professional service providers in the industry providing like and similar types of
services.
2.1 The specific Services that Service Provider shall perform are more particularly described in
Attachment A - Scope of Services, which is attached hereto and incorporated herein by this
reference.
3.1 City shall make available to Service Provider information in its possession that is pertinent
to the performance of Service Provider's Services.
3.2 City will provide access to and make provisions for Service Provider to enter upon City -
owned property as required by Service Provider to perform the Services.
3.3 City designates Gary Van Dorst, Solid Waste Manager, to act as the Project Manager for the
Services to be performed under this Agreement.
4.1 The term of the agreement between the City and Service Provider shall be seven (7) years
from execution of the agreement.
4.2 City may terminate Service Provider's services in accordance with Section 7.9 of this
Agreement.
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5.1 Service Provider shall pay the City compensation for acceptance of City collected
recyclables in accordance with the Service Provider's proposal to the City. The Service
Provider's proposal is hereby incorporated into this agreement by reference.
5.2 Service Provider shall pay the City within thirty days following the close of each month.
Interest on amounts past due will be assessed at the rate of 1.5% per month.
5.3 Payments to the City will include California Redemption Value applicable to curbside
recycling programs.
5.4 Service Provider will provide the City with a monthly report on the overall amount of
recyclable material delivered by the City recycling trucks. The weight tickets and monthly
summary report will be provided to the City within thirty days following the close of each
month. Service Provider shall pay the amount specified by the terms of this agreement.
5.3 All correspondence, contractual notices, bills and payments shall be made in writing and
may be given by personal delivery or by mail. Notices, bills and payments sent by mail shall
be addressed as follows:
city Service Provider
Gary Van Dorst, Solid Waste Manager Thomas J. Vogt
Municipal Utilities Department Taormina Industries
35 Cajon Street 1131 N. Blue Gum Street
P. O. Box 3005 Anaheim, CA 92806
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
Mail. In all other instances, notices, bills and payments shall be deemed given at the time
of actual delivery. Changes may be made in the names and addresses of the person to whom
notices, bills, and payments are to be given by giving notice pursuant to this paragraph.
I Service Provider's Insurance to be Primary. All insurance required by this Agreement is to
be maintained by Service Provider for the duration of this Project and shall be primary with
respect to City and non-contributing to any insurance or self-insurance maintained by the
City. Service Provider shall not perform any Services pursuant to this Agreement unless and
until all required insurance listed below is obtained by Service Provider. Service Provider
shall provide City with Certificates of Insurance and endorsements evidencing such
insurance prior to commencement of work. All insurance policies shall include a provision
prohibiting cancellation of the policy except upon thirty (.3 )0) days prior written notice to
city.
6.2 Workers' Compensation and Employer's Liability
A. Service Provider shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout the duration of this Agreement in amounts which meet
statutory requirements with an insurance carrier acceptable to City.
B Service Provider expressly waives all rights to subrogation against City, its officer
employees and volunteers for losses arising from work performed by Servic-
Provider for City by expressly waiving Service Provider's immunity for injuries to
Service Provider's employees and agrees that the obligation to indernnify, defend
hold harmless provided for in this Agreement extends to any claim brought by or o
behalf of any employee of Service Provider. This waiver is mutually negotiated b
a n 0 1 b
the parties. This shall not apply to any damage resulting from the sole negligence C
City, its agents and employees. To the extent any of the damages referenced herei)
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were caused by or resulted from the concurrent negligence of City, its agents
I
employees, the obligations provided herein to indemnify, defend and hold h e.
is valid and enforceable only to the extent of the negligence of Service ProMidmer, i
officers, agents and employees.
6.3 Comprehensive General Liability Insurance. Service Provider shall secure and maintain in
force throughout the duration of this Agreement comprehensive general liability insurance
with carriers acceptable to City. Minimum coverage of one million dollars ($ 1,000,000) per
occurrence and two million dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. Service Provider shall obtain an endorsement that
City shall be named as an additional insured.
6.4 Business Auto Liability Insurance. Service Provider shall have business auto liability
coverage, with minimum limits ofone million ($ 1,000,000) per occurrence, combined single
limit for bodily injury liability and property damage liability. This coverage shall include
all Service Provider owned vehicles used on the project, hired and non -owned vehicles, and
employee non -ownership vehicles. Service Provider shall obtain an endorsement that City
shall be named as an additional insured.
6.5 Assignment and Insurance Requirements. Service Provider is expressly prohibited from
subletting or assigning any of the services covered by this Agreement without the express
written consent of City. In the event of mutual agreement between parties to sublet a portion
of the Services, the Service Provider will add the subcontractor as an additional insured and
provide City with the insurance endorsements prior to any work being performed by the
subcontractor. Assignment does not include printing or other customary reimbursable
expenses that may be provided in this Agreement.
6.6 Hold Harmless and Indemnification. Service Provider shall defend, indemnify and hold
harmless City, its elected officials, officers, employees and agents, from and against any and
all actions, claims, demands, lawsuits, losses and liability for damages to persons or
property, including costs and attorney fees, that may be asserted or claimed by any person,
firm, entity, corporation, political subdivision or other organization arising out of or in
connection with Service Provider's negligent and/or intentionally wrongful acts or omissions
under this Agreement; but excluding such actions, claims, demands, lawsuits and liability
for damages to persons or property arising from the sole negligence or intentionally wrongful
acts of City, its officers, employees or agents.
002M.Nous RIO
7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys' fees.
7.2 Service Provider shall not assign any ofthe Services required by this Agreement, except with
the prior -written approval of City and in strict compliance with the terms, provisions and
conditions of this Agreement.
7.3 Service Provider's key personnel for the Project will be Rick Collett. Service Provider agrees
that the key personnel shall be made available and assigned to the Project, and that they shall
not be replaced without concurrence from City.
7.5 Service Provider is for all purposes an independent contractor. All personnel employed by
Service Provider are for its account only, and in no event shall Service Provider or any
personnel retained by it be deemed to have been employed by City or engaged by City for
the account of or on behalf of City.
7.6 Nothing in this Agreement shall give Service Provider authority with respect to any City
decision beyond the services as outlined herein and specifically as set forth in Attachment
A - Scope of Services, and the rendition of information, advice, recommendation or counsel.
7.7 Service Provider shall supply all tools and instrumentality required to perform the services
in this Agreement.
7.8 Unless earlier terminated, as provided for below, this Agreement shall terminate seven (7)
years from execution of the agreement.
7.9 _Termination. In the event the Service Provider materially defaults in the performance of this
agreement, the City shall notify the Service Provider in writing of the nature of such default.
Within fifteen (15) days following such notice:
A. Service Provider shall correct the fault; (M
B. Service Provider shall request an additional day in order to correct the fault. The time
extension must be approved by the City's Municipal Utilities Director or their
designee.
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A. The right to declare that this agreement together with all rights granted Service
Provider hereunder are terminated, effective upon such date as the City shall
designate;
B. The right to engage others to perform the services otherwise to be performed by
Service Provider hereunder, • to perform such services itself;
C. Collect all sums due and payable to City. The remedies specified herein are not
exclusive. The City shall have available to it all rights and remedies allowable in law
and equity in the event of a material default of the Service Provider.
In the event City shall terminate this Agreement:
A. Service Provider shall deliver copies of all writings prepared by it pursuant to this
Agreement. The term "writings" shall be construed to mean and include:
handwriting, typewriting, printing, photostating, photographing, and every other
means of recording upon any tangible thing any form of communication or
representation, including letter, works, pictures, drawings, sounds, or symbols, or
combinations thereof.
B. City shall have full ownership and control of all such writings delivered by Service
Provider pursuant to this Agreement.
7.10 Upon receipt of a termination notice, Service Provider shall (1) promptly discontinue all
services affected, and (2) deliver or otherwise make available to City, copies (in both hard
copy and electronic form, where applicable), of any data, design calculations, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by Service Provider in performing the Services required by this
Agreement.
7.11 This Agreement, including the attachments incorporated herein by reference, represents the
entire agreement and understanding between the parties and any prior negotiations, proposals
or oral agreements are superseded by this written Agreement. Any amendment to this
Agreement, to be effective, shall be in writing and approved by the City Council of City and
signed by City and Consultant.
7.12 Service Provider shall maintain books and accounts of all Project related weights by material
type. Such records shall be available at all reasonable times for examination by the City at
the office of Service Provider.
7.13 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have signed
in confirmation of this Agreement.
City of Redlands Taormina Industries
("City'") ("Service Provider"
By: By:
KARL N. (Kasey) HAWS Tho J. Vogt
Mayor President
Ci lerk, City Redlands
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ATTACHMENT A
Processing of Recycling Materials
Scope of Services
A. Service Provider will accept materials for recycling from the City's recycling
program serving single family residences.
B. Service Provider will provide a facility at the location specified below for off-loading
City recycling trucks. The facility will be available to begin accepting materials by
December 23, 2002.
Inland Regional Material Recovery Facility (IRMRF)
2059 Steel Road
Colton, CA
C. Unloading Time/Truck Turn -around Time -- Each City recycling truck entering the
Service Provider's facility shall have a maximum of 15 minutes turnaround time
from the time the truck arrives at the facility until the time the truck exits the facility.
The 15 minute turnaround time shall apply under all circumstances.
D. The Service Provider shall either provide separate scales, ingress and egress from
their facility or otherwise accommodate City vehicles to avoid queuing City vehicles
behind self -haul trucks.
E. Service Provider shall provide a means to avoid "stacking" of recycling trucks on
public streets as they enter their facility(s). Service Provider shall provide City
trucks preference over the general public to facilitate off-loading efficiencies and
turn -around time.
F. Accounting System -- Service Provider shall design an accounting system for all
recyclable materials delivered by City trucks. The accounting system must be
developed by the Service Provider and approved by the City prior to program start-
up. Commingled materials on City trucks shall be accounted for based on factors
derived from periodic sampling, separate processing, or by other means as agreed to
by the City, to establish factors for the percent of each material.
N a
G. The Service Provider shall comply vith all State and local regulations th t apply to
recyclable materials delivered to them by City recycling trucks under the terms of
this agreement.
H. Most Favored Customer Clause -- In no case shall Contractor pay the City less
money for recyclable materials collected from the curbside recycling program than
the Service Provider pays to any customer or otherjurisdiction for curbside materials.
This provision shall apply to all payments • the Service Provider under agreements
executed between Service Provider and their customers or other jurisdictions
subsequent to the execution of this agreement.
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I. Unmarketable Materials -- In no case shall the Service Provider take any City
delivered recyclable materials to a disposal facility unless permission is provided by
the City on a load by load basis. If the Service Provider can demonstrate that a
material is not marketable, such permission shall not be unreasonably withheld. This
provision does not apply to residue that is incidental to processing recyclables.
J. Service Provider will provide for alternative off-loading methods in the event•
reasonable down -time due to repair and maintenance of equipment. Service Provid
shall maintain adequate space to stockpile recyclable materials during su
reasonable down time for acceptance of material without a break in servic
"Reasonable down time" shall be defined as less than one day each operating mont
K. Service Provider shall be responsible for disposal of residue from processing of City
recyclables.
L. Service Provider's facilities shall be open to receive materials from City trucks
Monday through Saturday, year round. Facilities shall be open to receive City
materials from 6:30 a.m. to 5:00 p.m.
M. Service Provider shall provide an area for tipping of City vehicles separate from the
general public. Service Provider shall provide spotting of City trucks in areas at their
facility with tight maneuverability.
N. Service Provider shall allow the City's representatives to inspect their facilities during
normal business hours to assure compliance with the service agreement.
O. With the exception of what is recognized by the recycling industry as "residue" or
"contaminants", Service Provider agrees to divert all materials from landfilling
delivered to them by City recycling trucks.
P. Service Provider shall provide use of a phone to City employees in the event a City
driver needs to contact their supervisor regarding City business.
Service Provider shall provide paved surfaces for all areas where City trucks will
operate at their facility. All ingress and egress from the Service Provider's facility
shall be paved.
R. Service Provider shall make reasonable accommodations to provide tours of their
facilities to the public upon request by the City's representative.
S. The City will not furnish facilities or equipment for this Agreement.
CITY OF 1
t PROFESSIONAL i
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CITY OF REDLANDS RESIDENTIAL PROCESSING OF RECYCLABLE MATERIALS
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Citv's Estimated Annual Recove
Tonnage Processed
6,058.82
(@ 85% Recovery)
Tonnage
Newsprint
1,973.20
Cardboard
1,072.20
Mixed Paper
1,428.20
Office Pack
93.10
Glass Containers
393.70
HDPE Plastic
66.40
PET Plastic
48.00
Tin/Metal - Cans
60.30
Aluminum - Cans 14.90
income From 85% Recovery
Less Processing Rate p/Ton
Less Disposal of 15% Residue
Less Operating Margin
Actual Monthly
Guaranteed
Average Pricing
Floor Price
Jan 99 - Dec 01
$86.59
$85.00
$92.03
$85.00
$31.15
$30.00
$120.15
$100.00
$172.14
100% CRV
$411.62
100% CRV
$1,128.78
100% CRV
$29.64
$12.00 tin
$15.00 metal
$2,320.57
100.1• CRV
$99.20 $90.00 Guaranteed
$84.32
$76.50
-$36.75
-$36.75
-$5.67
-$5.67 ($37.75 piton)
-$10.20
-$10.20
131.70 88 Floor Price
U-10-01HUS
85.00% 85.00%